Madhukar Govind Khandade (Died) ... vs The State Of Maharashtra And Ors
2021 Latest Caselaw 7893 Bom

               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD


                     942 CIVIL APPLICATION NO.5390 OF 2021
                                 IN FA/145/2020
                                      WITH
                         CA/5389/2021 IN FA/145/2020


 MADHUKAR GOVIND KHANDADE (DIED) THR LRS DAIVSHALA AND ORS
                                       VERSUS
                      THE STATE OF MAHARASHTRA AND ORS
                                          ...
                      Mrs. P.G. Sontakke, Advocate for applicants
                  Mr. A.B. Chate, AGP for respondent Nos.1 and 2
                Mr. S.B. Patil, Advocate for respondent Nos.3 and 4
                                          ...

                                   CORAM :      SMT. VIBHA KANKANWADI, J.

                                   DATE :       15th JUNE, 2021.


PER COURT :



1              Present application has been filed by the respondent in First

Appeal to bring the legal representatives of the original respondent. In fact,

it appears that the original respondent Madhukar Govindrao Khandade

expired on 25.08.2016, whereas the Judgment has been delivered in his

matter along with other group by the learned reference Court on 28.02.2018.

That means, prior to pronouncement of the said Judgment claimant before

the reference Court had expired and there was no attempt by the present

2 CA_5390_2021

applicants to get themselves brought on record.

2 Now, the acquiring body has no objection to bring the legal

representatives on record. Further, the legal position can be seen that though

the original claimant has expired, that decree was passed in favour of

deceased and, therefore, there is no hurdle in bringing the present applicants

on record.

3                 Application stands allowed.


4                 The learned Advocate for the original appellant before this Court

to carry out the necessary amendment within two weeks.

5 Application stands disposed of accordingly.

6 Place the matter for further consideration as regards Civil

Application No.5389 of 2021 on 01.07.2021 after the amendment is carried

out.

( Smt. Vibha Kankanwadi, J. )

agd